Suffolk County District Court - Civil Division Glossary

The act of going before a qualified officer (e.g.,
Clerk) and declaring the validity of the document. The officer
certifies same, whose certification is known as the acknowledgment.

ACTION

A lawsuit or proceeding commenced in a court.

ACTUAL PLACE OF BUSINESS

Any location that the defendant, through regular
solicitation or advertisement, has held out as its place of business (CPLR §308.6).

ADJOURN

To delay the hearing of a proceeding to a subsequent
date.

ADJUDICATE

To rule upon or decide (i.e., Motion or Trial).

ADVERSARY

An opponent. The defendant is the plaintiff's
adversary.

AFFIANT

One who signs an affidavit.

AFFIDAVIT

A written statement made under oath.

AFFINITY

Related by marriage; family relation from one's
spouse's family.

AFFIRMATION

A solemn and formal declaration under penalties of
perjury that a statement is true, without an oath.

AFFIRMED

Upheld, agreed with (e.g.,The Appellate Division
affirmed the judgment of the District Court).

ALLEGATION

A statement of a party in a pleading.

ALLEGE

To assert a fact in a pleading.

AMEND

To change.

AMICUS CURIAE

A Friend of the Court. A non-party to a proceeding
that the Court permits to present its views.

ANSWER

A pleading by a defendant.

APPEAL

An application to an Appellate Court to review the
lower Court's judgment or order.

APPEAL BOND

(see: Undertaking)

APPEARANCE

The coming into court as a party to an action (see:
Sec. 320 CPLR).

APPELLANT

The one who appeals.

APPELLEE

The one who opposes the appellant.

ARBITRATION

A less formal hearing by an ARBITRATOR to ADJUDICATE a case. The ARBITRATOR renders an award, which is binding, and is
generally not appealable.

Suffolk District Court Civil Actions, damages
less than $6000, are
subject to mandatory arbitration (see NYCRR Title 22 Judiciary Part 28). After ARBITRATION, Parties not in
default may request a JUDGE to hear the case by requesting a TRIAL DE
NOVO.

Suffolk District Court SMALL CLAIMS and
COMMERCIAL SMALL CLAIMS are subject to mandatory arbitration in Suffolk
County. After ARBITRATION, parties not in default may request a JUDGE to hear the case by
requesting a TRIAL DE NOVO.

Attorney Fee Dispute Arbitration (see NYCRR Title 22 Judiciary Part 137) through the Bar Association. A party who is not satisfied with the award may
commence an action for DE NOVO REVIEW in a SMALL CLAIMS action or a CIVIL action
(not the
filing of
a demand for a trial de novo).

ARBITRATOR

An attorney assigned by the Court to hear and decide
a case.

ATTACHMENT

The taking of property into legal custody by an
enforcement officer (see specialty section: Recovery of Chattel).

1. Prohibit - to bar the prosecution of an action.
2. The members of the legal profession.

BENCH

The Judge's seat or the judge, himself/herself,
(e.g., the attorney addressed the bench).

BILL OF COSTS

A written statement of the itemized taxable costs
and disbursements (see: Judgments).

BILL OF PARTICULARS

A detailed written statement of the facts in a
plaintiff's complaint or a defendant's answer and/or counterclaim.

BRIEF

An attorney's written summary of the legal points in
presenting his client's argument for a trial or appeal.

CALENDAR

A listing of court cases.

CAPTION

Top portion of a legal paper indicating the Court's
name and the names of the parties.

CAUSE OF ACTION

Grounds on which a legal action may be brought
(e.g., property damage, personal injury, goods sold and delivered, work
labor and services).

CERTIFIED COPY

Copy of a document signed and certified as a true
copy of an original by the Clerk of the Court, lawyer, or other authorized
persons.

CHANGE OF VENUE

Change in the situs or location of an action from
one court to another.

CHARGING A JURY

Final instructions by a Judge to the jury prior to
their deliberations.

CHATTEL

An article of personal property.

CITE

To summon or command ones presence. To refer to
authorities in support of an argument or proposition, (e.g. The
attorney cited case law to support his argument).

COMMERCIAL SMALL CLAIMS COURT

A special part of a local civil court with simplified
rules for businesses to sue for money only. COMMERCIAL SMALL CLAIMS
have limited geographic and monetary
jurisdiction. Defined in article 18-a of the Uniform
District Court Act, New York City Civil Court Act, and the Uniform
City Court Act.

COMPLAINT

First pleading by a plaintiff in a civil action.

CONSANGUINITY

Related by blood.

CONTEMPT

A wilful disregard of a Court, Judge or legal
document.

CONSOLIDATE

A joining of two or more actions for aspecific
purpose.

COSTS

The statutory sum awarded to the successful party
when a judgment is entered (see UDCA 1901)

COUNSEL

Lawyer or attorney.

COUNTERCLAIM

In civil actions, a claim brought by a defendant
against the plaintiff for an unlimited amount of money.

In SMALL CLAIMS or COMMERCIAL SMALL CLAIMS, a claim
brought by a defendant
against the plaintiff for an amount not to exceed the maximum monetary
jurisdiction allowed in the SMALL CLAIMS or COMMERCIAL SMALL CLAIMS court.

COURT OF LIMITED JURISDICTION

A City Court, District Court or other local court
that has
jurisdiction only over actions authorized by law.

CROSS - CLAIM

Claim brought by a defendant against a co-defendant.

DAMAGES

Monetary compensation or indemnity for wrong or
injury caused by the violation of a legal right.

Compensatory damages - Reimbursement for actual
loss
or injury.

Exemplary damages - Monetary award by way of
punishment for injury caused by aggravated circumstances or malice, in
addition to compensation for the injury.

Failure of a party to respond to a claim (i.e.,
Answer) or appear at the trial.

DEFENDANT

One called upon to defend, deny or answer a legal
action, also known as "respondent" in special proceedings.

DEPONENT

One who testifies under oath to the truth of facts.

DE NOVO

From the beginning, a new trial.

DE NOVO REVIEW

An action for a money judgment or declaratory
judgment when a party is not satisfied with an arbitrator's
AWARD after Attorney Fee Dispute Arbitration 22 NYCRR 137 (compare with
TRIAL DE NOVO, below).

DEPOSITION

Testimony of a witness (i.e., examination before
trial).

DISMISSAL WITH PREJUDICE

Action dismissed on the merits which prevents
renewal of the same claim or cause of action.

DISMISSAL WITHOUT PREJUDICE

Action dismissed, not on the merits, which may be
re-instituted.

DOCKET NUMBER

A number assigned to a case by the Court Clerk (may also referred to as a 'case number' or an 'index number')

ET AL

And others.

ENFORCEMENT OFFICER

The person or persons authorized to enforce the mandate of the court. The Suffolk County Sheriff is ENFORCEMENT OFFICER in Suffolk County.

ET ANO

And another.

EVIDENCE

Testimony or documents introduced at trial.

EVICTION, WARRANT OF

Legal mandate authorizing an ENFORCEMENT OFFICER
to
remove persons and their personal property from their premises.

EXAMINATION BEFORE TRIAL

Pre-trial questions and answers under oath of a
party or witness of a case.

EXEMPLIFICATION

An official transcript of a document from public
records, made in a form to be used as evidence and authenticated or
certified as a true copy, (e.g. exemplification of a judgment).

EX PARTE

One-sided; in the absence of the opposing party or
parties.

FAIR PREPONDERANCE

Level of proof in a civil action; more than half;
more convincing.

FIRST PAPER

Paper instituting the action (e.g., Summons,
Petition, Order to Show Cause, etc.).

FORUM

A judicial tribunal or a place of jurisdiction. A
meeting for discussion.

FRIEND OF THE COURT

(see: Amicus Curiae)

FULL FAITH AND CREDIT

A requirement of the U.S. Constitution that the
records and judicial proceedings of one state shall have the same
effect in courts of other states with the same jurisdiction.

GARNISHEE

A person who owes a debt to a judgment debtor, or
a
person other than the judgment debtor who has property in his/her
possession or custody in which a judgment debtor has an interest (CPLR
section 105[i]).

GUARDIAN AD LITEM

A person appointed by the court to represent an
infant or incompetent.

IMPLEADER

An addition of a third party to an action by the
defendant.

INDEMNITY

Security against loss or damages, exemption from
penalty or liability, amount paid as compensation under an indemnity
agreement.

INDEX NUMBER

A number assigned to a case by the Court
Clerk.

INDORSED COMPLAINT

A statement of the nature and substance of the
cause
of action, for money only, which indicates the amount of the claim. It
may be set forth upon the summons or attached to it.

INFANT

An individual who has not attained the age of
eighteen (18).

INQUEST

A hearing where the plaintiff or defendant alone
introduces testimony.

IN RE

In the matter of; concerning.

IN REM

Regarding the right or title to property.

INTER ALIA

Among other things.

INTERPLEADER

An equitable proceeding to determine the rights of
rival claimants to property held by a third person having no interest
therein.

INTERROGATORIES

Written questions for a party or witness of an
action (pre-trial).

JUDGMENT

A determination of the rights of the parties in an
action or special proceeding. A judgment shall refer to and state the
result of a verdict or decision, or recite the circumstances on which
it is based.

JUDGMENT CREDITOR

The person owed money in a JUDGMENT.

JUDGMENT DEBTOR

The person who owes the money in a JUDGMENT.

JURISDICTION

Legal power, right and authority to hear and
decide
cases.

Geographical area within which authority may be
exercised. Lack
of jurisdiction may not be waived by the parties, except for courts
outside NYC pursuant to Section 213(d) of the Uniform City Court Act.

Personal jurisdiction - Directed to a specific
person
to impose a personal liability on him (usually the defendant).

Subject matter jurisdiction - Topic of
consideration,
thing in dispute, right claimed by one party against another.

LEGAL AGE

Eighteen (18) years of age. See CPLR Section
1206.

LIEN

A hold or claim on property; the effect of a
filed
"Transcript of Judgment."

LITIGANT

Party to a legal action

MILITARY CALENDAR

To hold in suspense an action that cannot
reasonably
be tried because a party or witness is in the military service.

MINUTE BOOK

A Court Clerk's Journal of Courtroom proceedings.

MOTION

An oral or written request made to a court at
any
time before, during or after court proceedings, asking the court to
make a specified finding, decision or order.

NATURAL PERSON

Individual (does not include corporate entities).

NON SEQ.

Abbreviation of "non sequitur" - It does not
follow.

NOTICE OF ENTRY

A notice with an affidavit of service stating
that
the attached copy of an entered order or judgement has been served by a
party on another party.

NOTICE OF PETITION

Written notice of a petitioner that a hearing
will
be held in a court to determine the relief requested in an annexed
petition.

NUNC PRO TUNC

Now for then. Allowed to be done after the time
it
should have been done.

NYCRR

New York Code, Rules, and Regulations

PARTY

Person having a direct interest in a legal
matter,
transaction or proceeding.

PETITION

Formal written application to a court.

PETITIONER

In a special proceeding, one who commences a
formal
written application, requesting some action or relief, addressed to a
court for determination. Also known as a plaintiff in a civil action.

PLAINTIFF

A person who brings an action, party who
complains
or sues in an action. Also known as a petitioner in a special
proceeding.

PLEADING

A written instrument which serves to present the
issues in legal actions and/or defenses.

POLLING THE JURY

The Clerk's calling of the names of the jurors
and
asking each juror individually to state his/her verdict.

POWER OF ATTORNEY

Document authorizing one to act legally for
another.

PRECLUDE

To prevent or stop.

PRO SE

(see: Self Represented)

PURGE

To atone for an offense, to submit to a court's
mandate (i.e., to purge oneself of contempt of court).

RECUSE

To disqualify oneself as a judge.

RELIEF

Legal remedy.

REMAND

To send back (e.g., when an Appellate Court
returns
a case back to the original court for reconsideration or a new trial).

REMITTITUR

Order containing the decision of the appellate
court.

REPLEVIN

An action to recover goods wrongfully taken or
withheld.

REPLY

Something said or done in response (e.g. to
reply to
an opposition to a motion).

RES

Subject matter.

RESPONDENT

One who formally answers the allegations stated
in a
petition which has been filed with the court. Also known as a defendant
in a civil action.

SANCTION

An imposed penalty.

SATISFACTION

Discharge of a legal obligation, as in a
"Satisfaction of Judgment."

SECURITY FOR COSTS

An undertaking required by a court to cover the
payment of costs if the judgment is against the depositor.

SELF REPRESENTED

A party is self represented when he/she is not
represented by an attorney (previously referred to as Pro se).

SINE DIE

Without a date, as in an action being adjourned
sine
die.

SMALL CLAIMS COURT

A special part of a local civil court with
simplified
rules. SMALL CLAIMS have limited geographic and monetary
jurisdiction. Defined in article 18 of the the Uniform District Court Act, New York City Civil Court Act, Uniform
City Court Act, and the Uniform Justice Court Act.

STIPULATION OF SETTLEMENT

A formal agreement between litigants and/or
their
attorneys resolving their dispute.

SUBPOENA

Legal process which commands a witness to appear
and
testify.

SUBPOENA DUCES TECUM

A subpoena requiring the production of books or
records.

SUBSEQUENT PROCEEDINGS

Any proceeding or action taken with respect to a
specific case after it has been filed with the court.

SUIT

A legal action or proceeding.

SUM CERTAIN

Liquidated damages pursuant to contract,
promissory
note, law, etc.

SUMMARY JUDGMENT

The granting of a judgment on papers alone,
without
a trial or hearing.

SUMMONS

A form used to commence a civil action and
acquire
jurisdiction over a party.

SURETY

One who is legally liable for the debt, default,
or
failure to carry out a duty of another.

THIRD-PARTY ACTION

A claim asserted by a defendant, styled a
third-party plaintiff, against a person, styled a third-party defendant.

TRIAL DE NOVO

A new trial (see: 22NYCRR 28.12), specifically
when
a party is not satisfied with an ARBITRATOR's AWARD. (compare with DE
NOVO REVIEW, above).

TORT

A wrongful act or breach of legal duty resulting
in
damages, not founded on contract.

UNDERTAKING

Deposit of a sum of money or filing of a bond in
court.

VENUE

1. Geographical place where some legal matter
occurs
or may be determined.
2. The geographical area within which a court has jurisdiction. It
relates only to a place or territory within which either party may
require a case to be tried. A defect in venue may be waived by the
parties.

VERIFICATION

A signature before a notary public or other
officer
authorized to administer an oath, attesting to the accuracy or truth of
an allegation or statement (CPLR 3020).